FPSLREB Decisions

Jurisdiction - No discrimination - Subsection 91(1) of the Public Service Staff Relations Act - grievor submitted a grievance against the actions of two superiors invoking the No discrimination provision of the collective agreement - the grievance arose out of alleged harassment of the grievor on the basis of her race or religion - this related to two memoranda which were circulated in the workplace and which threatened the grievor's job security - the resulting stress made the grievor ill and caused her to utilize her sick leave credits - as corrective action, the grievor sought a written apology, restoration of sick leave credits and a monetary award - employer objected to the jurisdiction of an adjudicator to entertain the grievance because there was another administrative procedure for redress available within the meaning of subsection 91(1) of the Public Service Staff Relations Act under the Canadian Human Rights Act - evidence established that employer had upheld her harassment grievance and issued a formal apology to the grievor - however, her claim for workers' compensation had been denied by the Workers' Compensation Board of Ontario - adjudicator concluded that, as grievance was founded solely on the No Discrimination provision and did not invoke any other provision of the collective agreement, he had no jurisdiction to entertain it as it could be the subject of a complaint to the Canadian Human Rights Commission. Grievance denied. Cases cited: Chopra v. Canada 1995 3 F.C. 445 (F.C.T.D.); Rhéaume (166-2-21976 to 21979, 21151 to 21154 and 22356); Yarrow (166-2-25034); Sarson (166-2-25312); Rinaldi (166-2-26927 and 26928); O'Hagan et al. (166-2-26490 to 26493); Burchill v. Attorney General of Canada 1981 1 F.C. 109; 37 N.R. 530 (F.C.A.).